Wilson-Obear Grocery Co. v. Cole
Missouri Court of Appeals
Appeal from the Stoddard County Circuit Court, John G. Weab, Judge. Fraud is a generic term, and embraces all the multifarious means which human ingenuity can devise, and which are resorted to by one to get an advantage of another. Barr v. Baker, 9 Mo. 850 ; Brownlee v. Hewitt, 1 Mo. App. 360, 366. It is rarely, if ever, susceptible of direct proof, and slight circumstances may form the strong proof of fraud.
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Appeal from the Stoddard County Circuit Court, John G. Weab, Judge. Fraud is a generic term, and embraces all the multifarious means which human ingenuity can devise, and which are resorted to by one to get an advantage of another. Barr v. Baker, 9 Mo. 850 ; Brownlee v. Hewitt, 1 Mo. App. 360, 366. It is rarely, if ever, susceptible of direct proof, and slight circumstances may form the strong proof of fraud. Hopkins «.• JSievert, 58 Mo. 201; Burgert v. Bor-chert, 59 Mo. 80. The court erred in the second instruction for the defendants, to the effect that the firm and co-partnership property…
1Opinion of the CourtRombauer-, J.
The plaintiff is a trading corporation, and the defendants are, and were, at the date of the matters complained of, co-partners. The action is by attachment, and one of the grounds assigned in the plaintiff’s affidavit is, that the defendants “are about fraudulently to conceal, remove, and dispose of their property and effects so as to hinder and delay their creditors.”
Upon the trial of the plea, in abatement, the plaintiff gave evidence tending to show that the defendants were embarrassed, and expecting the levy of some executions upon their store goods, and that Wm. C. Cole, one óf the…
Also in this document: Concurrence.
2Cases cited3 opinions
- Durant v. RogersIllinois Supreme Court · 1877
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- Case v. FoggSupreme Court of Missouri · 1870
3Cited by1 opinion
- Dudley v. LoveMissouri Court of Appeals · 1895